Evidence (Audio and Audio Visual Links) Amendment Act 2001
An Act to amend the Evidence (Audio and Audio Visual Links) Act 1999
[Royal Assent 19 September 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Evidence (Audio and Audio Visual Links) Amendment Act 2001 .
This Act commences on the day on which this Act receives the Royal Assent.
In this Act, the Evidence (Audio and Audio Visual Links) Act 1999 is referred to as the Principal Act.
4. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended by inserting after subsection (1) the following subsection:(1A) This Act is not intended to exclude or limit the operation of any other law of the State that makes provision for the taking of evidence or making of submissions in the State for the purposes of a proceeding in the State.
5. Part 2: Heading amended
Part 2 of the Principal Act is amended by omitting "INTERSTATE" from the heading to that Part.
6. Section 6 amended (Tasmanian courts may take evidence and submissions by audio link or audio visual link)
Section 6 of the Principal Act is amended as follows:(a) by inserting in subsection (1) "or on its own motion" after "before the court";(b) by inserting in subsection (1) "or from any place within Tasmania other than the courtroom or other place at which the court is sitting" after "State";(c) by inserting in subsection (2)(b) "or in the courtroom or other place at which the court is sitting" after "State".
7. Section 9 amended (Expenses)
Section 9 of the Principal Act is amended by omitting "in a participating State" and substituting "under this Part".
8. Sections 10A and 10B inserted
After section 10 of the Principal Act , the following sections are inserted in Part 2:10A. Failure of audio link or audio visual link
If an audio link or audio visual link being used in accordance with this Part for the purposes of a proceeding before a Tasmanian court fails during the proceeding, the court may adjourn the proceeding or make such other orders as are appropriate in the circumstances as if a person present at the place at which the audio link or audio visual link facilities are located were in the presence of the court.10B. Putting documents to a remote person
If in the course of examination of a person by audio link or audio visual link it is necessary to put a document to the person, the Tasmanian court may permit the document to be put to the person –(a) if the document is at the courtroom or other place where the court is sitting, by transmitting by any means a copy of it to the place where the person is giving evidence or making a submission and the copy so transmitted being then put to the person; or(b) if the document is at the place where the person is giving evidence or making a submission, by putting it to the person and then transmitting by any means a copy of it to the courtroom or other place.
[Second reading presentation speech made in:
House of Assembly on 21 AUGUST 2001
Legislative Council on 29 AUGUST 2001]